I just received email notice of the appeals court memorandum and posted it with the filings.
For the reasons explained below, we reverse the summary judgment on the contract claim. We affirm the summary judgment on Baker’s counterclaim in part, and remand the matter for further proceedings.
I’m so excited, just read it quickly and didn’t see anything about the SOL. I don’t know what to think of that. Recently a Midland Funding case (the attorneys are Bursey & Associates) against me was dismissed in justice court based on the SOL.
I had not expected a decision for several months and am very surprised.
Because Acarta failed to offer admissible evidence in support of its contention that it owned Baker’s account and that the account was subject to an Agreement allowing default interest at the rate of 18 percent, the superior court erred in granting its motion for summary judgment.
I think it is huge that I, a pro se with no resources, prevailed on several issues, most important that the Gilgan affidavit was not based on personal knowledge.
What’s wrong with the Arizona NACA attorneys?
I’ve asked ALL of them for help and they all refused.
And it can’t be because they may not like me or because I’m not in Phoenix or Tucson, but I have not been able to find a single other debt buyer case with the court of appeals. Many THOUSANDS of consumers are sued by debt buyers who purchased the accounts from other debt buyers.
This SHOULD be the end of Acarta’s business model — purchasing junk debt and suing in hopes of default judgments.
I hope that many others will have a look at the filings in this case and IMPROVE my arguments for even better results. Most debt buyer suits should get dismissals in the lower courts based on my case.
I’ve was awarded the costs for the appeal (of course nothing for my work). So now I’ll have to file my own motion for summary judgement, which I SHOULD have done back in superior court, but I ran out of time. I was better prepared for Midland and filed a cross motion for summary judgment in response to their motion for summary judgment.
It’s been a long time since I’ve prepared a press release and I’ll work on that this weekend.